Ashutosh Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10569 of 2024 ====================================================== Ashutosh Kumar Jha son of Subodh Jha, residence of vill/Moh- ward no. 9, Basauna Kahra, P.O. - Ganaur, P.S.- Bangoan, District - Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Dept of Revenue and Land Reform, Govt. of Bihar, Patna.

3.

The Principal Secretary, Dept of Rural Development, Govt of Bihar, Patna. 4.

The Divisional Commissioner, Koshi Division, Saharsa. 5.

The collector, Saharsa.

6.

The Deputy Development Commissioner, Saharsa. 7.

The Additional Collector, Saharsa.

8.

The Sub Divisional Officer, Saharsa.

9.

The Sub Divisional Public Grievance Redressal Officer, Saharsa 10.

The Circle Officer, Kahra Circle Office, Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Kumar Thakur, Adv.

For the Respondent/s :

Mr. K.P.Gupta, GP-10 Ms. Deepanjali Gupta, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2024 The present writ petition has been filed seeking the following relief:- "1. For removal of encroachment over the public road (aam rasta) made by several persons in the village & Mauja-Basauna, under Circle OfficeKahra, District-Saharsa, bearing Plot No. 155." 2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Respondent No. 10 i.e. the Circle Officer,

Patna High Court CWJC No.10569 of 2024(2) dt.01-08-2024 2/2 Kahra, District-Sahrasa, to dispose off the pending Encroachment Case No. 2 of 2021-22.

3.

Per contra, the learned counsel for the Respondent-State submits that in case, the aforesaid encroachment proceedings have not been concluded, the same would definitely be concluded, by passing the final order, within a fixed time frame. 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the respondent No. 10 to conclude the proceedings of the aforesaid Encroachment Case No. 2 of 2021-22, if the same has not already been concluded, by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, after hearing the affected parties and in accordance with law, within a period of six weeks of receipt / production of a copy of this order. 5.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U